KANWAR PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ramesh Kumar Saxena, learned counsel for the applicant, Sri Sanjay Singh, learned A.G.A. for the State-respondents and perused the material on record.

(2.) This application u/s 482 Cr.P.C. has been filed with the prayer to quash the instant criminal prosecution of the applicant in Criminal Case No. 403 of 2019 (State v. Kanwar pal Singh), under Section 379 IPC, Rule 3/57/7 of U.P. Miner and Mineral (Concession) Rules 1963, under Section 4/21 of Mines and Mineral (Regulation and Development) Act, 1957 and under Section 3/4 of Prevention of Damage to Public Property Act, 1984, arising out of Cime No. 289 of 2018, P.S. Vindyachal, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur along with order dated 08.02.2019 of Chief Judicial Magistrate, taking cognizance of the case and summoning the applicant for trial.

(3.) It has been argued by the learned counsel for the applicant that applicant has not carried out any illegal or unauthorized mining operation, rather he was granted two separate mining lease for 5 years and thus no cognizable offence is made out against the applicant. It was further argued that in view of Section 22 of Mines and Mineral Act, 1957, no FIR can be lodged under the provision of that Act as in such matters cognizance can only be taken on the complaint made by the person authorized in this behalf and thus, the impugned proceedings are abuse of the process of law. Learned counsel for the applicant has cited case of State of NCT of Delhi v. Sanjay (2014) 9 SCC 772.